The Mudcat Café TM
Thread #92275   Message #1762552
Posted By: Q (Frank Staplin)
17-Jun-06 - 09:42 PM
Thread Name: My stolen uilleann pipes turn up on eBay
Subject: RE: My stolen uilleann pipes turn up on Ebay
All legal references above refer to UK law.

Canada- Common law applies in all provinces EXCEPT Quebec. In Quebec, cases are decided according to the Quebec Civil Code and Canon law. One who purchases stolen goods, the seller acting in good faith, has title to the goods. To get them back, the original owner must pay compensation.
The same is true in European countries operating under Napoleonic Civil Codes.

Since the stolen property did not leave the area covered by civil law, the purchaser cannot obtain good title (see Bridges post, above). The property remains in the rightful owner.

My previous post was intended to show that there are complications for a company like Ebay which operates internationally and must consider differing codes on theft and restitution. There is no reason for knee-jerk condemnation of a company because they do not see the situation in the simplest light, although it does seem that once the Garda acted, they should bow out. It takes time to get legal opinions in a case like this.

Currently there are some interesting cases in which the leading art auction houses are involved.